Madras High CourtWP(MD)/22990/2016disposed of

Anthonichamy v. The Revenue Divisional Officer

2016-11-29Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 29.11.2016 Coram THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD)No.22990 of 2016 ANTHONICHAMY ... Petitioner -Vs1 THE REVENUE DIVISIONAL OFFICER ILUPPUR, PUDUKKOTTAI DISTRICT.

2 THE TAHSILDAR, VIRALIMALAI TALUK OFFICE, PUDUKKOTTAI DISTRICT.

3 JOHNSON 4 SAHAYAM @ SAVARIMUTHU 5 XAVIER ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing that 1st respondent to dispose the appeal filed by the petitioner dated 21.07.2016 within a stipulated time fixed by this Honourable Court.

For petitioner : Mr. P. Muthusamy For respondents : Mr. J. Gunaseelan Muthiah for R1 & R2 Government Advocate

ORDER

The writ petition has been filed seeking a direction, directing the 1st respondent to dispose the appeal filed by the petitioner dated 21.07.2016 within a stipulated time. 2.Since no adverse order is going to be passed against the respondents 3 to 5, notice in respect of the respondents 3 to 5 is dispensed with.

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3.According to the petitioner, against the order passed by the second respondent/ Tahsildar, Viralimalai, transferring patta in favour of the respondents 3 to 5, the petitioner filed an appeal before the first respondent/Revenue Divisional Officer, Illupur, Pudukkottai District on 21.07.2016. Subsequently, the above appeal petition was taken on file by a proceedings dated 22.07.2016, by which, the Revenue Divisional Officer, has also directed the Tahsildar to conduct an enquiry. Sofar, no final order has been passed. Hence, the petitioner has filed the present writ petition.

4.Heard the learned Government Advocate appearing for the respondents 1 & 2, who submits that the petitioner's appeal dated 21.07.2016, would be considered by the first respondent, within a stipulated time, to be fixed by this Court.

5.Considering the facts and circumstances of the case, the first respondent/ Revenue Divisional Officer, Illupur, Pudukkottai District is directed to conduct an enquiry on the appeal petition filed by the petitioner and dispose of the same, after issuing notice to the respondents 3 to 5 and after giving an opportunity of hearing to the petitioner as well as the respondents 3 to 5, on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order. 6.With the above direction, this writ petition is disposed of accordingly. There shall be no order as to costs. Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1 THE REVENUE DIVISIONAL OFFICER ILUPPUR, PUDUKKOTTAI DISTRICT.

2 THE TAHSILDAR, VIRALIMALAI TALUK OFFICE, PUDUKKOTTAI DISTRICT.

+1 cc to M/s.P.Muthusamy, Advocate in SR.No.73792 +1 cc to The Special Government Pleader in SR.No.73724 vs CSL/SKN/SAR-II/05.01.2017 :2P/5C W.P.(md).NO.22990 of 2016 29.11.2016 https://hcservices.ecourts.gov.in/hcservices/